Plugged In @ Hinman Straub

October 13, 2023

What’s Inside

  • Governor Announces New Legislation to Protect Youth from Online Data Collection and Algorithmic Social Media Feeds
  • Division of Budget Announces Fiscal Year 2025 Formal and Capital Hearings
  • Governor Announces Appointment to Nassau County Interim Finance Authority
  • Governor Announces Appointment to the New York State Supreme Court, Appellate Division
  • Governor Announces 10-Point Plan Surrounding Renewable Energy Initiatives
  • Governor Update on Efforts to Address Mental Illness and Homelessness
  • In the News
  • Coming Up

Governor Announces New Legislation to Protect Youth from Online Data Collection and Algorithmic Social Media Feeds

The Governor – joined by Attorney General Letitia James, State Senator Andrew Gounardes, and Assemblymember Nily Rozic – announced new legislation to regulate social media usage by prohibiting minors from accessing addictive feeds without parental consent. Another piece of legislation, also sponsored by Gounardes and Rozic, will prohibit online platforms from collecting and sharing personal data of children without consent.

Stop Addictive Feeds Exploitation (SAFE) for Kids Act (A.8148 Rozic/S.7694 Gounardes)

The SAFE for Kids Act will require that social media companies provide users under 18 with a default chronological feed from users they already follow. Users may also search for specific topics of interest. Minors may opt in to receiving algorithmic feeds with parental consent. The bill would require parents be allowed to block access to social media platforms for minors between the hours of 12:00 a.m. and 6:00 a.m. and limit the total number of hours per day that a minor spends on platforms. Further, social media platforms would be prohibited from sending notifications to minors from 12:00 a.m. and 6:00 a.m. without parental consent.

The bill would authorize the Office of the Attorney General (OAG) to bring an action to enjoin or seek damages or civil penalties of up to $5,000 per violation. The bill provides a private right of action allowing any parent or guardian of a covered minor to sue for damages of up to $5,000 per user per incident, or actual damages, whichever is greater.

Platforms are provided an opportunity to cure any claim brought by the parent or guardian of a covered minor unless the claim is solely for actual pecuniary damages.

This legislation will only impact social media platforms with feeds comprised of user-generated content along with other material that the platform recommends to users based on data it collects from them.

The New York Child Data Protection Act (A.8149 Rozic/S.7695 Gounardes)

The New York Child Data Protection Act would prohibit all online sites from collecting, using, sharing, or selling personal data of anyone under the age of 18, unless they receive informed consent or unless doing so is strictly necessary for the purpose of the website. For users under 13, this informed consent must come from a parent.

The bill authorizes OAG to enforce the law and may enjoin, seek damages, or civil penalties of up to $5,000 per violation. The bill provides a private right of action allowing any parent or guardian of a covered minor to sue for damages of up to $5,000 per user per incident, or actual damages, whichever is greater. Platforms are provided an opportunity to cure any claim brought by the parent or guardian of a covered minor unless the claim is solely for actual pecuniary damages.

Governor Hochul said:

Our kids are in crisis, and the adults in the room need to step up. The statistics are extraordinarily disturbing: teen suicide rates are spiking, and diagnoses of anxiety and depression are surging. It’s critical we all stand together to address the youth mental health crisis, and I’m proud to partner with Attorney General James, Senator Gounardes and Assemblymember Rozic to fight for our kids’ future.

Division of Budget Announces Fiscal Year 2025 Formal and Capital Hearings

As part of the formal budget process, the New York State Division of the Budget (DOB) has announced that they will hold formal public hearings on the FY 2025 Executive Budget, including agency and capital budgets, on Wednesday, October 18, at 11:00 a.m.

At the hearings, selected agencies will outline aspects of their budgets. Members of the Legislature and their staffs are invited to participate and ask questions.

Written testimony from the public can be sent to [email protected].

More information on the meetings can be found here

Governor Announces Appointment to Nassau County Interim Finance Authority

Today, Governor Kathy Hochul announced the appointment of Richard Kessel to the Nassau County Interim Finance Authority. In addition, Kessel will fill the role of Chair and Director of the Board. The Nassau County Interim Finance Authority is a public benefit corporation created by the New York State Legislature in June 2000.

Kessel previously served as the Nassau County Industrial Development Agency’s Board Chair and as CEO of the New York Power Authority.

Governor Hochul said:

Richard Kessel has the background and experience which makes him the best candidate to fill this vacancy on the NIFA Board. I am proud to have him take on this responsibility and look forward to the good he will bring to the greater Nassau community in this position. We also thank outgoing Chairman and Director Adam Barsky for his service to New Yorkers and dedication to this role.

More information on this appointment can be found here

Governor Announces Appointment to the New York State Supreme Court, Appellate Division

Governor Hochul has announced the appointment of the Honorable Marsha Michael to a vacancy on the New York State Supreme Court, Appellate Division, First Department.

Justice Marsha Michael currently serves as an Associate Justice on the Appellate Term of the Supreme Court for the 1st and 12th Judicial Districts. She was elected to the New York State Supreme Court, in the 12th Judicial District (Bronx County) in 2018.

Governor Hochul said:

Our legal system relies on intelligent, discerning jurists to lead our courts and dispense justice” Governor Hochul said. “I’m proud to appoint the Honorable Justice Marsha D. Michael to the Appellate Division, First Department, and I’m confident she will serve New Yorkers with distinction.

Governor Announces 10-Point Plan Surrounding Renewable Energy Initiatives

Following the New York State Public Service Commission’s (PSC) denial of a petition filed by offshore wind developers seeking billions of dollars in additional funding for four proposed offshore wind projects as well as land-based renewable projects, Governor Hochul announced a 10-point plan to expand the renewable energy industry and support clean jobs throughout the state.

Each action is outlined below.

Action 1: In the near future, NYSERDA will announce a historic suite of awards comprised of offshore and onshore renewable energy projects, along with major supply chain investments. These awards will mark one of the largest-ever renewable energy procurements by any state to date and will demonstrate New York State’s commitment to supporting renewable energy projects and promoting large-scale renewables.  

Action 2: NYSERDA will address the directives issued in the October 2023 Public Service Commission (PSC) Order and will assess the impacts on its large-scale renewables contracted portfolio in an expedited manner.   

Action 3: NYSERDA will launch an accelerated renewable energy procurement process for both offshore and onshore renewable energy projects, aiming to backfill any contracted projects which are terminated. The process will be guided by core principles, including prioritizing competition, simplifying bid requirements, incorporating inflation indexing, applying critical labor protections and collaborating with industry to optimize the accelerated procurement timing, all while coordinating with ongoing transmission planning initiatives.   

Action 4: New York will continue to actively engage with the Federal government to bring forward market solutions, from establishing a Memorandum of Understanding (MOU) with the U.S. Department of Energy (DOE) Loan Programs Office to access low-cost financing for large-scale renewable projects, to advocating for updated guidance on clean energy tax credits and a Federal-State revenue-sharing program.  

Action 5: New York is investing in, and actively planning, a historic buildout of transmission infrastructure across the state including $4.4 billion in 62 local transmission projects to support clean energy integration in upstate areas; $4.1 billion in transmission upgrades to integrate offshore wind and increase reliability for Long Island and New York City; soliciting additional solutions to meet New York City’s offshore wind transmission needs; and collaborating with other states and federal agencies on interregional transmission to reduce costs.  

Action 6: New York is supporting the establishment and growth of a supply chain ecosystem to help the market scale, gain efficiencies, and reduce costs. The state is investing $700 million in offshore wind supply chain infrastructure while also working with other states and federal agencies to collaborate and reduce costs through a shared vision for a U.S. supply chain.  

Action 7: New York is committed to building and expanding its clean energy workforce. NYSERDA has thus far committed more than $170 million for workforce development and training initiatives, which prioritizes benefitting priority populations, disadvantaged communities, and transitioning fossil fuel workers to clean energy careers. Starting in 2024, the New York Power Authority (NYPA) will further reinforce this commitment by contributing up to $25 million annually to the Department of Labor for renewable energy job training, ensuring a Just Transition for energy workers. Moreover, NYSERDA is at the forefront of prioritizing workforce development, inclusion, and equity within New York’s large scale renewables industry.  

Action 8: New York launched the Offshore Wind Master Plan 2.0 in 2022, which will provide a plan for the future of offshore wind development, including in deeper waters, that will allow for the expansion of the industry and ability to meet regional development targets. By planning for and seeking an increase in available lease areas, New York would expand access to necessary offshore areas to host projects, increase competition in the market and widen the pool of developers, while introducing new ideas and innovations to reduce costs.  

Action 9: New York is actively engaging with industry stakeholders and will increase such outreach following the PSC order through roundtable discussions to receive input in shaping our clean energy strategy.  

Action 10: New York is deeply committed to fostering public engagement, transparency, and collaboration recognizing the importance of involving various stakeholders in shaping our clean energy initiatives.

Governor Update on Efforts to Address Mental Illness and Homelessness

Yesterday, Governor Hochul updated New Yorkers on the latest state efforts to provide treatment and support for individuals dealing with serious mental illness and homelessness. Funding to support this was initiated within the Governor’s FY 2024 Budget, in which the investment equaled to $1 billion.

The Governor has announced that Safe Options Support teams have helped nearly 200 formerly homeless individuals find housing. She also highlighted 99 new state-operated inpatient psychiatric beds are now available for use – and that approximately 500 inpatient psychiatric beds at community hospitals will be restored by January 2024.

Governor Hochul met with staff from Services for the UnderServed, which operates one of the SOS teams based in New York City, at Grand Central Station in Manhattan. The Governor discussed the work and experiences of these multidisciplinary team members in helping New Yorkers experiencing chronic homelessness achieve stability.

Governor Hochul also updated New Yorkers on the expansion of inpatient psychiatric beds at state-operated psychiatric centers. To date, 99 new state-operated inpatient psychiatric beds are available for use, with all 150 beds outlined in her landmark mental health care plan to be brought online by Jan. 1, 2024.

Governor Hochul said:

We have a moral obligation to care for those struggling with mental illness, but for too long these critical issues have been ignored or left untreated. That is not the case any longer: my administration’s plan to improve our mental health system is providing treatment and care to the individuals who need it most. I’m proud of the progress we’ve made and our commitment to ensuring all New Yorkers have access to the help they need.

In The News

City & State NY’s Weekly Winners and Losers here.

City & State NY’s 2023 Political Consultant Power 100 here.

New York rejects offshore wind, onshore wind renewables request for larger subsidies.

Judge dismisses suit challenging state’s $455 million loan to remake Belmont.

Hochul: New York has added 13,000 manufacturing jobs since 2021.

Hochul paying NY’ers for tobacco survey, but no questions on pot ban.

IRC Chair Ken Jenkins discusses congressional redistricting.

Making polluters pay for climate resiliency is a priority for these NY’ers

New York battle over voting map still has Democrats, GOP at odds.

New York State Office of Cannabis Management launches new outreach initiative.

Suozzi enters race for former House seat amid Santos’ troubles.

In key upstate races, local issues dominate more than migrant crisis.

SCOTUS rejects request to temporarily halt new gun control law.

Allison Esposito, former Zeldin running mate, to run for Hudson Valley congressional seat.

Appellate Division says state ethics panel can keep working.

CNY State Assemblyman to run for State Senate seat.

House COVID panel threatens Cuomo subpoena for nursing home scandal records.

New coalition  forms to weigh in on Seneca gaming compact negotiations.

‘Addictive’ social media feeds that keep children online  targeted by New York lawmakers.

Rise of mobile sports betting in New York leads to increased state revenue, more problem gambling-related calls, comptroller finds.

Lawsuit challenges New York’s gas stove ban.

Coming Up

The Senate will hold a second public hearing to discuss retention and recruitment for civil service jobs in New York State, the New York State pension fund, pensions, and civil service benefits on October 17.

The Assembly will hold a public hearing to discuss the impact of artificial intelligence on the workforce on October 19.

The Senate and Assembly will hold a joint public hearing to discuss the Bottle Bill on October 23.

The Senate and Assembly will hold a joint public hearing to discuss packaging reduction on October 24.

The Assembly will hold a public hearing to examine library construction aid and the long-term capital needs of libraries on October 25.

The Assembly will hold a public hearing  to discuss the impact and effectiveness of economic development programs funded in the enacted 2023-24 State Budget on October 26.

The Senate will hold a public hearing to examine issues in the New York State market related to consumer accessibility and retail sale of legal adult-use cannabis on October 30.

The Senate will hold a public hearing to conduct oversight of the Family Court throughout the State, including its resources, operations, and outcomes on November 1.